Wildlife prescribed

1The vertebrates listed in Schedule A are prescribed as wildlife for the purposes of the definition of "wildlife" in section 1 of the Wildlife Act.

Exemptions for protection of or while on property

2(1) A person is exempted from sections 11, 17.1 (3) and (4), 17.2 (2) and (3), 26 (1) (c), 27 (4), 29 and 35 (2) (b) of the Wildlife Act where wildlife listed in Schedule B or C is killed

(a) by that person for the protection of that person's property, or

(b) by the person on property owned or occupied by that person or the spouse, parent, guardian, or child of that person.

(2) Subsection (1) does not apply with respect to Lepus americanus — snowshoe hare in Region 2 as defined in section 3 of B.C. Reg. 190/84, the Hunting Regulation.

[am. B.C. Regs. 253/2000, App. 2, s. 1; 32/2014, s. 1.]

Exemption from sections 11 (8), 33, 37, 44 and 77 (2) and (3) of the Act

3(1) Subject to subsections (2) and (3), a person is exempted from sections 11 (8), 33, 37, 44 and 77 (2) and (3) of the Wildlife Act in respect of wildlife listed in Schedule B or C if all of the following conditions are met:

(a) the person traps the wildlife on land that

(i) is owned or occupied by the person, or

(ii) is private land, and the person has the permission of the owner or occupier to be on the land for the purpose of trapping wildlife;

(b) the person possesses the trapped wildlife for not more than 24 hours;

(c) the person transports the trapped wildlife a distance no greater than 10 km from where the wildlife was trapped, unless a further distance is specified by an officer;

(d) the person releases the trapped wildlife on Crown land or on the person's private land.

(2) Subsection (1) does not apply where the person releases the wildlife

(a) at a distance greater than one km from the site of its capture in M.U.s 1-1 to 1-13 on Vancouver Island, or

(b) on an island in any body of water in the province, other than the island on which the wildlife was captured

unless the person has prior approval of an officer.

(3) Subsection (1) does not apply with respect to

(a)Lepus americanus — snowshoe hare in Region 2, as that region is described in section 3 of the Hunting Regulation, B.C. Reg. 190/84,

(b) the wildlife listed in section 3.1 (2), or

(c) feral pigs within the meaning of section 3.2.

(4) For the purposes of section 29 of the Wildlife Act, a person is authorized to attempt to capture wildlife to which this section applies.

[am. B.C. Regs. 5/96, s. 1; 253/2000, App. 2, s. 2; 32/2014, s. 2.]

Exemption from sections 11 (1), 33 and 37 of the Act

3.1(1) A person is exempted from sections 11 (1), 33 and 37 of the Wildlife Act in respect of wildlife listed in subsection (2) if all of the following conditions are met:

(a) the person traps the wildlife on land that

(i) is owned or occupied by the person,

(ii) is Crown land, or

(iii) is land other than land described in subparagraph (i) or (ii), and the person has the permission of the owner or occupier to be on the land for the purpose of trapping wildlife;

(b) the person possesses the trapped wildlife for not more than 24 hours;

(c) the person kills the trapped wildlife, or transports the trapped wildlife to an officer or to a place where it will be killed.

(2) Subsection (1) applies to the following wildlife:

(a) all species of the family Chelydridae — snapping turtles;

(b) all species of the family Emydidae — pond and river turtles, except Painted Turtles (Chrysemis picta) and Western Pond Turtles (Actinemys marmorata);

(c) all species of the family Trionychidae — soft-shelled turtles;

(d) all species of the genus Podarcis — wall lizards;

(e)Rana catesbeiana — bullfrog;

(f)Rana clamitans — green frog.

(3) For the purposes of section 29 of the Wildlife Act, a person is authorized to attempt to capture wildlife to which this section applies.

[en. B.C. Reg. 32/2014, s. 3.]

Feral pig exemption

3.2(1) In this section, "feral pig" means a pig of the genus Sus that is not in captivity or is not otherwise under a person's control.

(2) A person is exempted from sections 33 (1) and 37 of the Wildlife Act in respect of a feral pig that has escaped from captivity or control if

(a) the person

(i) was the owner or was otherwise responsible for the feral pig immediately before it escaped, or

(ii) is acting on behalf of a person referred to in subparagraph (i),

(b) the person has a duty to make every reasonable effort to recover the feral pig under section 77 (3) of the Wildlife Act, and

(c) the person recovers the feral pig and possesses or transports it for the purpose of returning it to captivity or control.

(3) For the purposes of section 29 of the Wildlife Act, a person described in subsection (2) is authorized to attempt to capture the feral pig.

(4) A person is exempted from sections 33 (2) and 37 of the Wildlife Act in respect of dead feral pigs.

[en. B.C. Reg. 32/2014, s. 3.]

Requirement to kill injured wildlife

4If a person injures wildlife listed in Schedule B or C, the person must kill that wildlife.

[en. B.C. Reg. 253/2000, App. 2, s. 3.]

Exemption from section 26 (1) (f) of the Act

5(1) A person is exempted from section 26 (1) (f) of the Wildlife Act on property owned or occupied by the person or the spouse, parent, guardian, or child of the person in respect of the following animals:

(a) all of the species of the family Arvicolidae — voles and lemmings, except Ondonatra zibethicus — muskrat;

(b)Thomomys talpoides — northern pocket gopher;

(c) all species of the genus Peromyscus — deer mice;

(d)Spermophilus columbianus — Columbian ground squirrel.

(2) Subsection (1) does not apply to a person unless the poison used is registered under the Pest Control Products Act (Canada) for the use to which it is being put and is used in compliance with the Integrated Pest Management Act.

[am. B.C. Reg. 32/2014, s. 4.]

Exemption from section 29 of the Act

6(1) A person is exempted from section 29 of the Wildlife Act on property owned or occupied by that person or the spouse, parent, guardian, or child of that person for the purposes of the protection of property, for species listed in Schedule B or C.

(2) A person is exempt from section 29 of the Wildlife Act to hunt or trap raptors that are on the person's property and are a menace to domestic animals or birds.

(3) Subsection (2) does not apply to a person who hunts, takes, traps, wounds or kills a raptor with the use of

(a) a snare or trap that is set above the ground, or

(b) a leg-hold trap.

Repealed

7Repealed. [B.C. Reg. 253/2000, App. 2, s. 4.]

Domestic animals under section 26 (2) of the Act

8For the purposes of section 26 (2) of the Wildlife Act the following are domestic animals:

(a) horses of the genus Equus;

(b) cattle of the genus Bos;

(c) sheep of the genus Ovis, except Ovis canadensis and Ovis dalli;

(d) goats of the genus Capra;

(e) swine of the genus Sus, except feral pigs within the meaning of section 3.2;

(f) an animal defined as game under the Game Farm Regulation, B.C. Reg. 5/2015, that is lawfully kept under that regulation;

(g) an animal lawfully held under a licence issued under the Fur Farm Regulation, B.C. Reg. 8/2015;

(h) an animal not defined as wildlife in the Wildlife Act or regulations, that is not native to or does not naturally occur within the province and is tame and kept in captivity for the use of man.

9(1) A person is exempt from sections 11 (1) and (8), 21, 22, 26 (1) (h), 27 (4), 33, 35 (2) (b), 37, 75, and 78 of the Wildlife Act where that person hunts, takes, traps, wounds or kills an animal of the species of the family Leporidae — hares and rabbits.

(2) Subsection (1) does not apply to:

(a)Lepus americanus — snowshoe hare;

(b)Lepus townsendii — white-tailed jackrabbit;

(c)Sylvilagus nuttallii — Nuttall's cottontail.

[am. B.C. Reg. 340/2005, s. 1.]

Exemptions related to private property

9.1(1) If an owner or occupier of land hunts wildlife under the authority of section 26 (2) of the Wildlife Act, that person is exempt from section 11 (1) of the Wildlife Act insofar as it requires a licence to hunt wildlife.

(2) An owner or occupier of land, or an employee of an owner or occupier of land, who discharges a firearm on the land, or a person who discharges a firearm on the land with the permission of the owner or occupier, is exempt from section 32 of the Act in relation to the no shooting areas referred to in section 19 (b) and (c) of Schedule 3 to the Closed Areas Regulation, B.C. Reg. 76/84, with respect to a dwelling house and a farm or ranch building located on the land.

(3) The exemptions described in subsections (1) and (2) apply to an owner or occupier of land or an employee of the owner or occupier who discharges a firearm for the purposes of slaughtering livestock.

Exemption from section 32 of the Act

9.11A person is exempt from section 32 of the Wildlife Act in relation to a no shooting area referred to in Schedule 5.1 of the Closed Areas Regulation, B.C. Reg. 76/84, if the person discharges a firearm in the no shooting area for the purpose of hunting or trapping wildlife in accordance with all other applicable provisions of the Wildlife Act and the regulations under that Act.

[en. B.C. Reg. 135/2017, App. 2.]

Exemption from section 33 (2) of the Act for treaty first nations

9.2(1) In this section, "wildlife harvesting right" means the right of a treaty first nation to harvest wildlife under the treaty first nation's final agreement.

(2) The following persons are exempt from section 33 (2) of the Wildlife Act in relation to the possession of dead wildlife, or parts of wildlife, that was lawfully harvested in accordance with the wildlife harvesting right of a treaty first nation:

(a) a treaty first nation member of the treaty first nation that has the wildlife harvesting right;

(b) a member of a first nation that has an agreement with the treaty first nation that has the wildlife harvesting right, which agreement authorizes the first nation to exercise the treaty first nation's wildlife harvesting right;

(c) an aboriginal person to whom a treaty first nation member of the treaty first nation that has the wildlife harvesting right traded or bartered the wildlife or parts in accordance with the treaty first nation's final agreement;

(d) a person who is designated, in accordance with the final agreement of the treaty first nation that has the wildlife harvesting right, to exercise the wildlife harvesting right on behalf of a treaty first nation member of the treaty first nation who is unable to do so.

[en. B.C. Reg. 56/2011; am. B.C. Regs. 32/2014, s. 6; 22/2016.]

Exemption from section 75 of the Act

10(1) A person is exempt from section 75 of the Wildlife Act where the person kills, by accident or for the protection of life or property:

(a) an animal listed in Schedule B or C;

(b) an animal of any of the species of the family Soricidae — shrews;

(c)Reithrodontomys megalotis — western harvest mouse;

(d)Perogathus parvus — Great Basin pocket mouse;

(e) an animal of any of the species of the genus Spermophilus — ground squirrels;

(f) an animal of any of the species of the genus Tamias — chipmunks;

(g) an animal of any of the species of the family Zapodidae — jumping mice.

(2) A person is exempt from section 75 of the Wildlife Act where the person accidentally kills or wounds one of the following:

(a) an animal of any of the species of reptiles;

(b) an animal of any of the species of amphibians.

(3) A person is exempt from section 75 of the Wildlife Act where the person accidentally kills or wounds, while using a motor vehicle, the following:

(a) raptors;

(b) an animal of any species of fur bearing animal except wolf, black bear, badger, lynx, wolverine and bobcat.

(4) Nothing in this section exempts a person from section 75 of the Wildlife Act with respect to an endangered or threatened species.

[am. B.C. Reg. 253/2000, App. 2, s. 6.]

Exemption from section 21 (1) (b) of the Act

10.1(1) A person who kills

(a) Repealed. [B.C. Reg. 52/2018, s. (a).]

(b) a mountain sheep,

(c) a cougar,

(d) a caribou, or

(e) a mountain goat

is exempt from section 21 (1) (b) of the Wildlife Act for the period provided for making a report under section 16 of B.C. Reg. 190/84, the Hunting Regulation, for the purpose of complying with that section if the person holds a species licence for the wildlife killed and has complied with all requirements of the Wildlife Act and regulations respecting the use of the licence other than the duty to report.

(2) The exemption under subsection (1) applies only while transporting the dead wildlife or part of wildlife in Haines Junction, Yukon Territory, on any of the following highways or in the municipalities or communities along the highways:

Exemption from section 41 of the Act

11.1(1) Subject to subsection (5), a person is exempt from section 41 of the Wildlife Act if all of the following requirements are met:

(a) a hunting licence is held by or on behalf of the person;

(b) if the person is hunting a species that requires a species licence under the Wildlife Act, the person or a person accompanying him or her under section 11 (5) or 17.2 (2) of the Wildlife Act holds such a licence;

(c) the person is lawfully hunting for one or more of black bear, bobcat, coyote, fox, lynx, raccoon, skunk, wolf and wolverine.

(2) Subject to subsection (5), a guide outfitter or assistant guide is exempt from section 41 of the Wildlife Act while guiding a person who is exempted under subsection (1) of this section.

(3) Subject to subsection (5), a person who holds a permit is exempt from section 41 of the Wildlife Act in relation to the activities authorized by the permit.

(4) Subject to subsection (5), a person described in section 11 (9) of the Act is exempt from section 41 of the Act in relation to hunting.

(5) For an exemption under subsection (1) to (4) to apply,

(a) if the activity in relation to which the exemption applies is being conducted on private land, the person must have written permission of the owner or occupier of the land, and

(b) if the activity in relation to which the exemption applies is being conducted on Crown land that is subject to a right of occupation, the person must have permission of the Crown or of the occupier of the land.

SPCA exemption

11.2(1) An authorized agent of the British Columbia Society for the Prevention of Cruelty to Animals who holds an appointment as a special provincial constable under the Police Act is exempt from sections 11 (1) and (8), 26 (1) (c), (d), (e) and (h), 27 (1) and (3), 31, 32, 33, 34, 35 (2) (b), 36, 37, 39, 41 and 75 of the Wildlife Act while carrying out his or her duties under the Prevention of Cruelty to Animals Act.

(2) Despite subsection (1), the authorized agent must

(a) report to an officer within 48 hours the taking, wounding, killing or coming into possession of wildlife, and

(b) dispose of the wildlife as directed by the officer.

[en. B.C. Reg. 130/99, App. 1, s. 2; am. B.C. Reg. 340/2005, s. 3.]

Exemption from section 34 of the Act for certain birds

11.3(1) A person is exempt from section 34 of the Wildlife Act with respect to possessing, taking, injuring, molesting or destroying a bird or its egg or a nest occupied by a bird or its egg if the bird is not designated as wildlife, a threatened species or an endangered species.

(2) Despite subsection (1), a person is exempt from section 34 of the Wildlife Act with respect to taking, injuring, molesting or destroying a bird or its egg or a nest occupied by a bird or its egg if the bird is listed in Schedule C.

(g) all species of the subfamily Sigmodontinae — new world rats and mice;

(h) all species of the family Dipodidae — jumping mice and jerboas;

(i) all species of the genus Glaucomys — flying squirrels;

(j) all species of the genus Marmota — marmots and woodchucks;

(k) all species of the genus Spermophilus — ground squirrels;

(l) all species of the genus Sciurus — gray and fox squirrels;

(m) all species of the genus Tamias — chipmunks;

(n) all species of the genus Erinaceus — hedgehogs;

(o) all species of the genus Cynomys — prairie dogs;

(p)Nyctinomops macrotis — big free-tailed bat;

(q)Aplodontia rufa — mountain beaver;

(r)Perognathus parvus — great basin pocket mouse;

(s) Taxidea taxus — badger;

(t) Repealed. [B.C. Reg. 120/2009, Sch. 1, s. 1.]

(u)Erethizon dorsatum — porcupine;

(v)Thomomys talpoides — northern pocket gopher;

(w)Didelphis virginiana — North American opossum;

(x)Myocastor coypus — nutria;

(y) feral pigs, being pigs of the genus Sus that are not in captivity or are not otherwise under a person's control.

2Birds of the following species:

(a) all species of birds described in the American Ornithologists Union Checklist of North America Birds, 7th edition (American Ornithologists Union 1999) or its supplements, which are native to Canada or the United States of America and were not introduced by man;

(b)Alauda arvensis — skylark;

(c)Acridotheres cristatellus — crested myna;

(d)Passer domesticus — house sparrow;

(e)Sturnus vulgaris — European starling;

(f) Columba livia — rock dove (except domestic-bred racing pigeon).

3Amphibians of the following species:

(a) all species of the family Ambystomatidae — mole salamanders;

(b) all species of the family Dicamptodontidae — giant salamanders;

(c) all species of the family Plethodontidae — lungless salamanders;

(d) all species of the family Pelobatidae — spadefoots;

(e) all species of the family Hylidae — treefrogs;

(f) all species of the family Ranidae — true frogs;

(g) all species of the genus Taricha — newts;

(h) all species of the genus Ascaphus — tailed frogs;

(i) all species of the genus Bufo — toads.

4Reptiles of the following species:

(a) all species of the family Emydidae — pond and river turtles;

(b) all species of the family Trionychidae — soft-shelled turtles;

(c) all species of the family Chelydridae — snapping turtles;

(d) Repealed. [B.C. Reg. 120/2009, Sch. 1, s. 2 (a).]

(e) all species of the genus Podarcis — wall lizards;

(f) all species of the genus Phrynosoma — horned lizards;

(g) all species of the genus Eumeces — skinks;

(h) all species of the genus Elgaria — alligator lizards;

(i) all species of the genus Thamnophis — garter snakes;

(j)Charina bottae — rubber boa;

(k)Coluber constrictor — racer;

(l)Contia tenuis — sharptail snake;

(m)Hypsiglena torquata — night snake;

(n)Pituophis catenifer — gopher snake;

(o)nora semiannulata — ground snake;

(p) Crotalus oreganus — western rattlesnake.

Schedule B

[en. B.C. Reg. 253/2000, App. 2, s. 9.]

(sections 10 (1) (a), 4, 2 (1), 6 (1))

1Mammals of the following species:

(a) all species of the subfamily Arvicolinae — voles and lemmings, except for Ondatra zibethicus — muskrat;